[1969 Code § 88-66; Ord. No. 1978-6]
No member of the Planning Board or Zoning Board of Adjustment
shall act on any matter in which he has either directly or indirectly
any personal or financial interest. Whenever any such member shall
disqualify himself from acting on a particular matter, he shall not
continue to sit with the Board of the hearing of such matter nor participate
in any discussion or decision relating thereto.
[1969 Code § 88-67; Ord. No. 1978-6]
Any member other than a Class I member of the Planning Board
and any member of the Board of Adjustment, after a public hearing
if he request one, may be removed by the Governing Body for cause.
[1969 Code § 88-68; Ord. No. 1978-6]
a. Meetings of both the Planning Board and Zoning Board of Adjustment
shall be scheduled no less often than once a month and any meeting
so scheduled shall be held as scheduled unless cancelled for lack
of applications for development to process.
b. Special meetings may be provided for at the call of the Chairman
or on the request of any two Board members, which shall be held on
notice to its members and the public in accordance with all applicable
legal requirements.
c. No action shall be taken at any meeting without a quorum being present.
d. All actions shall be taken by majority vote of a quorum except as
otherwise required by any provision of C. 291, P.L. 1975.
e. All regular meetings and all special meetings shall be open to the
public. Notice of all such meetings shall be given in accordance with
the requirements of the Open Public Meetings Law, N.J.S.A. 10:4-6
et seq.
[1969 Code § 88-69; Ord. No. 1978-6]
Minutes of every regular or special meeting shall be kept and
shall include the names of the persons appearing and addressing the
Board and of the persons appearing by attorney, the action taken by
the Board, the findings, if any, made by it and reasons therefor.
The minutes shall thereafter be made available for public inspection
during normal business hours at the office of the Municipal Clerk.
Any interested party shall have the right to compel production of
the minutes for use as evidence in any legal proceeding concerning
the subject matter of such minutes. Such interested party may be charged
a fee for reproduction of the minutes for his use as provided for
in the rules of the Board.
[1969 Code § 88-70; Ord. No. 1978-6]
a. Rules. The Planning Board and Zoning Board of Adjustment shall make
rules governing the conduct of hearings before such bodies which rules
shall not be inconsistent with the provisions of N.J.S.A. 40:55D-1
et seq. or of this chapter.
b. Oaths. The officer presiding at the hearing or such person as he
may designate shall have power to administer oaths and issue subpoenas
to compel the attendance of witnesses and the production of relevant
evidence, including witnesses and documents presented by the parties,
and the provisions of the County and Municipal Investigations Law,
C. 38, P.L. 1953 (N.J.S.A. 2A:67A-1 et seq.] shall apply.
c. Notice and Public Hearings. Every application for development, except
as otherwise provided herein, shall be conducted by a notice and public
hearing, pursuant to the provisions of N.J.S.A. 40:55D-10 and D-12
and the provisions as set forth in this chapter.
d. Testimony. The testimony of all witnesses relating to an application
for development shall be taken under oath or affirmation by the presiding
officer and the right of cross examination shall be permitted to all
interested parties through their attorneys, if represented, or directly,
if not represented, subject to the discretion of the presiding officer
and to reasonable limitations as to time and number of witnesses.
e. Evidence. Technical rules of evidence shall not be applicable to
the hearing, but the Board may exclude irrelevant, immaterial or unduly
repetitious evidence.
f. Records. Each Board shall provide for the verbatim recording of the
proceedings by either stenographer, mechanical or electronic means.
The Board shall furnish a transcript or duplicate recording in lieu
thereof on request to any interested party at his expense.
[1969 Code § 88-71; Ord. No. 1978-6]
Whenever a hearing is required on an application for development
pursuant to N.J.S.A. 40:55D-1 et seq., or pursuant to the determination
of the municipal agency or pursuant to any ordinance providing for
the same, the applicant shall give notice thereof as follows:
a. Public notice shall be given by publication in the official newspaper
of the municipality at least 10 days prior to the date of the hearing.
b. Notice shall be given to the owners of all real property as shown
on the current tax duplicate or duplicates located within 200 feet
in all directions of the property which is the subject of such hearing
and whether located within or without the municipality in which applicant's
land is located. Such notice shall be given by:
1. Serving a copy thereof on the owner as shown on the said current
tax duplicate or his agent in charge of the property, or
2. Mailing a copy thereof by certified mail to the property owner at
his address as shown on the said current tax duplicate. A return receipt
is not required.
c. Notice to a partnership owner may be made by service upon any partner.
Notice to a corporate owner may be made by service upon its president,
a vice president, secretary or other person authorized by appointment
or by law to accept service on behalf of the corporation.
d. Notice of all hearings on applications for development involving property located within 200 feet of an adjoining municipality shall be given by personal service or certified mail to the Clerk of such municipality, which notice shall be in addition to the notice required to be given pursuant to Subsection
c above to owners of lands in such adjoining municipality which are located within 200 feet of the subject premises.
e. Notice shall be given by personal service or certified mail to the
County Planning Board of a hearing on an application for development
of property adjacent to an existing County road or proposed road shown
on the official County Map or on the County Master Plan, adjoining
other County land or situate within 200 feet of a municipal boundary.
f. Notice shall be given by personal service or certified mail to the
Commissioner of Transportation of a hearing on an application for
development of property adjacent to a State highway.
g. Notice shall be given by personal service or certified mail to the
Director of the Division of State and Regional Planning in the Department
of Community Affairs of a hearing on an application for development
of property which exceeds 150 acres or 500 dwelling units. Such notice
shall include a copy of any maps or documents required to be on file
with the Borough Clerk pursuant to N.J.S.A. 40:50D-10.
h. All notices hereinabove specified in this section shall be given
at least 10 days prior to the date fixed for hearing and the applicant
shall file an affidavit of proof of service with the Board holding
the hearing on the application for development.
i. Any notice made by certified mail as hereinabove required shall be
deemed to be complete upon mailing in accordance with the provisions
of N.J.S.A. 40:55D-14.
j. Form of Notice. All notices required to be given pursuant to the
terms of this chapter shall state the date, time and place of the
hearing, the nature of the matters to be considered and identification
of the property proposed for development by street, address, and by
reference to lot and block numbers as shown on the current tax duplicate
in the Municipal Tax Assessor's office and the location and times
at which any maps and documents for which approval is sought are available
as required by law.
[1969 Code § 88-72; Ord. No. 1978-6]
Pursuant to the provisions of N.J.S.A. 40:55D-12c, the Zoning
Officer shall within seven days after receipt of a request therefor
and upon receipt of payment of a fee of $10, make and certify a list
from the current tax duplicate of names and addresses of owners to
whom the applicant is required to give notice pursuant to Subsection
34-65.6.b.
[1969 Code § 88-73; Ord. No. 1978-6]
a. Each decision on any application for development shall be set forth
in writing as a resolution of the Board which shall include findings
of fact and legal conclusions based thereon.
b. A copy of the decision shall be mailed by the Board within 10 days
of the date of decision to the applicant, or if represented, then
to his attorney, without separate charge. A copy of the decision shall
also be mailed to all persons who have requested it and who have paid
the fee prescribed by the Board for such service. A copy of the decision
shall also be filed in the office of the Borough Clerk, who shall
make a copy of such filed decision available to any interested party
upon payment of a fee calculated in the same manner as those established
for copies of other public documents in the municipality.
[1969 Code § 88-74; Ord. No. 1978-6]
A brief notice of every final decision shall be published in
the official newspaper of the Borough. Such publication shall be arranged
by the Secretary of the Planning Board or Zoning Board of Adjustment,
as the case may be, without separate charge to the applicant. Said
notice shall be sent to the official newspaper for publication within
10 days of the date of any such decision.
[1969 Code § 88-75; Ord. No. 1978-6]
Pursuant to the provisions of N.J.S.A. 40:55D-39 and D-65, every
application for development submitted to the Planning Board or to
the Zoning Board of Adjustment shall be accompanied by proof that
no taxes or assessments for local improvements are due or delinquent
on the property which is the subject of such application; or if it
is shown that taxes or assessments are delinquent on said property,
any approvals or other relief granted by either Board shall be conditioned
upon either the prompt payment of such taxes or assessments, or the
making of adequate provision for the payment thereof in such manner
that the municipality will be adequately protected.
[1969 Code § 88-76; Ord. No. 1978-6; Ord. No. 85-10; Ord. No. 86-10]
a. Any interested party may appeal to the Governing Body any final decision of a Board of Adjustment approving an application for development pursuant to Subsection
(d) of N.J.S.A. 40:55D-70. Such appeal shall be made within 10 days of the date of publication of such final decision pursuant to Subsection (i) of N.J.S.A. 40:55D-10. The appeal to the Governing Body shall be made by serving the Municipal Clerk in person or by certified mail with a notice of appeal specifying the grounds thereof and the name and address of the appellant and name and address of his attorney, if represented. Such appeal shall be decided by the Governing Body only upon the record established before the Board of Adjustment.
b. Notice of the meeting to review the record below shall be given by the Governing Body by personal service or certified mail to the appellant, to those entitled to notice of a decision pursuant to Subsection
(h) of N.J.S.A. 40:55D-10 and to the Board from which the appeal is taken at least 10 days prior to the date of the meeting. The parties may submit oral and written argument on the record at such meeting, and the Governing Body shall provide for verbatim recording and transcripts of such meeting pursuant to Subsection
(f) of N.J.S.A. 40:55D-10.
c. The appellant shall, within five days of service of the notice of the appeal pursuant to Subsection
a hereof, arrange for a transcript pursuant to Subsection
(f) of N.J.S.A. 40:55D-10 for use by the Governing Body and pay a deposit of $50 or the estimated cost of such transcription, whichever is less, or within 35 days of service of the notice of appeal, submit a transcript as otherwise arranged to the Municipal Clerk; otherwise the appeal may be dismissed for failure to prosecute.
The Governing Body shall conclude a review of the record below
not later than 95 days from the date of publication of notice of the
decision below pursuant to Subsection (i) of N.J.S.A. 40:55D-10 unless
the applicant consents in writing to an extension of such period.
Failure of the Governing Body to hold a hearing and conclude a review
of the record below and to render a decision within such specified
period shall constitute a decision affirming the action of the Board.
d. The Governing Body may reverse, remand, or affirm with or without the imposition of conditions, the final decision of the Board of Adjustment approving a variance pursuant to Subsection
(d) of N.J.S.A. 40:55D-70. The review shall be made on the record made before the Board of Adjustment.
e. The affirmative vote of a majority of the full authorized membership
of the Governing Body shall be necessary to reverse, remand, or affirm
with or without conditions any final action of the Board of Adjustment.
f. An appeal to the Governing Body shall stay all proceedings in furtherance
of the action in respect to which the decision appealed from was made
unless the Board from whose action the appeal is taken certifies to
the Governing Body, after the notice of appeal shall have been filed
with such Board, that by reasons of facts stated in the certificate
a stay would, in its opinion, cause imminent peril to life or property.
In such case, proceedings shall not be stayed other than by an order
of the Superior Court on application upon notice to the Board from
whom the appeal is taken and on good cause shown.
g. The Governing Body shall mail a copy of the decision to the appellant
or if represented then to his attorney, without separate charge, and
for a reasonable charge to any interested party who has requested
it, not later than 10 days after the date of the decision. A brief
notice of the decision shall be published in the official newspaper
of the municipality, if there be one, or in a newspaper of general
circulation in the municipality. Such publication shall be arranged
by the applicant unless a particular municipal officer is so designated
by ordinance; provided that nothing contained herein shall be construed
as preventing the applicant from arranging such publication if he
so desires. The Governing Body may make a reasonable charge for its
publication. The period of time in which an appeal to a Court of competent
jurisdiction may be made shall run from the first publication, whether
arranged by the municipality or the applicant.
h. Nothing in this section shall be construed to restrict the right
of any party to obtain a review by any Court of competent jurisdiction
according to law.